Investigators said that on June 23, Officer David Byrd was on bike patrol when he stopped Godawa in the parking lot of the Finish Line Bar and Grill on suspicion of driving under the influence.

According to the police report, Godawa restarted his vehicle and tried to drive away at high speed. Police said he ran over the officer's patrol bike and nearly struck him.

The officer fired one shot, and Godawa continued driving until striking a utility pole a block away.

But in a lawsuit filed Monday on the behalf of Godawa's parents, Deters contends that Byrd was never in danger and that Byrd fired a total of three shots at Godawa, including the fatal shot in the back.